Faruki Blog

Publicity Rights: Name, Image, and Likeness, Oh My

Fans of "The Kardashians" may remember a clip of Kim's son, Saint, gleefully showing his mom a picture of herself that appeared on his game. In.. Read More

Avoiding the Patent Troll Toll

The American patent system incentivizes inventors to patent an idea in exchange for obtaining the sole right of commercialization or exclusion of.. Read More

The Role of Markman Hearings in Patent Litigation (Co-Authored by Former Faruki Law Clerk Meghan L. Savercool)

When a party files a complaint alleging its patent has been infringed, it must make a "short and plain" statement claiming either direct.. Read More

Trade Dress – IP Right Outside of Words, Logos, and Symbols (Authored by Faruki Law Clerk Damini Mohan)

Trade dress is a type of trademark right that protects the overall appearance or feel of a product, in contrast to a traditional word or logo.. Read More

Raise a Glass to the Design Patent: A Comparison of Patent and Trademark Protections for Products Both Functional and Ornamental (Authored by Faruki Law Clerk Meghan L. Savercool)

In 2007, after months of research and prototype-testing, Boston Beer chairman Jim Koch unveiled what he dubbed the "perfect pint glass." It has a.. Read More

What's the Frequency, Performance Rights? Businesses Can Run Afoul of Copyright Law by Just Playing Music

Music is ubiquitous in most people's daily lives. Everywhere from coffee shops to gyms to retail shops play music non-stop. However, even if everyone.. Read More

Truth in Advertising: Compliance with the Lanham Act and Business Disparagement Laws (Authored by Faruki Law Clerk Terrel P. Benne)

"The most powerful element in advertising is truth." - Bill Bernbach. Businesses use advertising to, essentially, make sure people know about and.. Read More

Trademarks: Dumb Starbucks and the Parody Exception to Trademark Dilution

In 2014, Starbucks briefly appeared to have gained a new competitor in Los Angeles: Dumb Starbucks. Dumb Starbucks looked exactly like a normal.. Read More

"Likelihood of Consumer Confusion" – The Heart of Trademark Infringement Lawsuit (Authored by Faruki Law Clerk Damini Mohan)

We encounter numerous trademarks each day. The breakfast cereal we consume, the shampoo or perfume we use, the soda we drink on a hot summer day, the.. Read More

One That Got Away: How a California Court Determined That a Bee is a Fish

The decision in Almond Alliance of California v. Fish and Game Commission, (2022) 79 Cal.App.5th 337, which held that, for purposes of California's.. Read More
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